Federal Judge Reaffirms Ruling That the Trump Administration Must Resume DACA

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A federal judge on Friday upheld his order that the Deferred Action for Childhood Arrivals program should be fully restored, setting a 20-day deadline for the administration to do so.

Judge Bates first issued a ruling in April ordering the federal government to continue the Deferred Action for Childhood Arrivals, or DACA, programme, including taking applications.

DACA is an Obama-era program. "If the department fails to do so, it 'must accept and process new as well as renewal DACA applications, ' Judge Bates said in the decision".

In closing, Bates wrote that Friday's ruling does not imply that the government can not revoke DACA but that it simply has not provided a sound legal justification for doing so.

U.S. District Judge John Bates in the District of Columbia ordered the government to restart DACA in full, saying that the government had not given "a rational explanation for its decision" to end it. The only one "bona fide (albeit logically dubious) reason" offered by Nielsen was not enough to sway the court's opinion, Bates wrote, since it was "articulated nowhere in DHS's prior explanation for its decision" and hence can not come into play now.

It protects about 800,000 undocumented immigrants from deportation. He said that the so-called Nielson memo (the government's memo on why DACA should end) had nothing new in it, and that it totally ignored most of the points made by its critics.

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Meanwhile, the state of Texas and several other plaintiffs have sued the government to rescind the program, contending it is illegal.

Earlier this year, Bates, a George W. Bush appointee, became the third federal judge to reject Trump's explanation for ending the program, ruling at the time that the decision by the Justice Department that the program was unlawful was "virtually unexplained".

Bates' ruling was applauded by The National Association for the Advancement of Colored People (NAACP), a plaintiff in the case, which called it a "huge victory". Several government appeals are still pending in USA courts. "A conclusory assertion that a prior policy is illegal, accompanied by a hodgepodge of illogical or post hoc policy assertions, simply will not do".

The case was brought by the NAACP, Princeton University, and Microsoft.

FILE PHOTO: U.S. President Donald Trump pauses during address at campaign rally at Mohegan Sun Arena in Wilkes-Barre, Pennsylvania, U.S., August 2, 2018.

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